- 1 - HC-KAR NC: 2025:KHC:34549 CRL.A No. 1728 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1728 OF 2025 (U/S 14(A) (2)) BETWEEN: DINESH N M @ DINESH S/O MAHADEVAPPA @ DISH MAHADEVA AGED ABOUT 28 YEARS R/AT NADABHOGANAHALLI VILLAGE SHEELANERE HOBLI K R PET TQ MANDAY DISTRICT KARNATAKA 571426 …APPELLANT (BY SRI. K.L. SREENIVAS., ADVOCATE) AND: 1. STATE OF KARNATAKA BY K R PET RURAL P S REP BY HCGP HIGH COURT OF KARNATAKA BANGALORE 560 001 2. PREMA W/O REVANNA AGED ABOUT 35 YEARS R/AT NADABHOGANAHALLI VILLAGE SHEELANEREHOBLI, K R PET TQ Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34549 CRL.A No. 1728 of 2025 MANDYA DISTRICT KARNATAKA 571 426 …RESPONDENTS (BY SMT.PUSHPALATHA, ADDL. SPP) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 15.07.2025 PASSED BY THE HONBLE ADDL. DIST SESSIONS JUDGE-FTSC-II MANDYA IN SPL. CASE NO. 09/2025 (CRIME NO.235/2024) K.R PET RURAL P.S., AND GRANT THE REGULAR BAIL IN SPL. CASE NO. 09/2025 (CRIME NO.235/2024) FOR OFFENCES PUNISHABLE UNDER SECTIONS U/S 149,376(2)(n), 376DA, 376(3) IPC, AND U/S 10,4,6,5(G), 5(K), 5(L) OF POCSO ACT-2012 ALSO UNDER SECTION 3 (1) (w),3(2)(v) OF SC AND ST (PREVENTION OF ATROCITIES) AMENDMENT ACT 2015. WHICH IS PENDING ON THE FILE OF HONBLE ADDL. DISTRICT SESSIONS JUDGE-FTSC-II MANDYA. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2025:KHC:34549 CRL.A No. 1728 of 2025 ORAL JUDGMENT The appellant/accused No.3 is before this Court seeking for bail for the offences punishable under Section 149, 376(2)(n), 376(D)(A) and 376(3) of I.P.C and Section 10, 4, 6, 5(G), 5(K), 5(L) of POCSO Act, 2012 and Section 3(1)(w), 3(2)(v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, passed in Special Case No.9/2025 (Crime No.235/2024). Factual matrix of the case: 2. A complaint came to be registered against the accused/appellant No.3, stating that the victim is her daughter. She had discontinued her studies after IX Standard. The complainant further stated that the victim had not undergone her monthly menstrual cycle for the past four months. Having considered the said aspect the complainant took victim to the hospital for a medical check up. On 29.10.2024, the victim had undergone medical examination, there she was diagnosed as pregnant. Thereafter, the complainant enquired the victim about the incident. The victim disclosed that one Aditya had committed sexual assault on her. Thereafter, Angadi Rajaiah, Dinesh, Kiran and Abhi had also committed sexual assault on - 4 - HC-KAR NC: 2025:KHC:34549 CRL.A No. 1728 of 2025 her. On 30.10.2024, at about 12.00 noon, when the complainant was at home along with the victim, the NGO officers visited the house and took the victim to their possession and thereafter, they instructed the complainant to lodge a complaint against the persons who are involved in committing the offence. Accordingly, on 09.11.2021 at about 4.30 P.M, a complaint came to be registered against the appellant and others. 3. On the basis of complaint, the investigation is under progress. The appellant herein who is arrayed as accused No.3 is seeking bail by filing this appeal. 4. Heard, learned counsel Sri.K.L.Sreenivas for appellant and learned Additional State Public Prosecutor Smt. Pushpalatha for respondents. 5. It is the submission of learned counsel for the appellant that a false case has been registered against the appellant and he has been falsely implicated in this case. In fact, the date and place of commission of the alleged sexual assault against the victim has not forthcoming in the complaint. - 5 - HC-KAR NC: 2025:KHC:34549 CRL.A No. 1728 of 2025 Mere mentioning the name of the appellant in the complaint is not sufficient to hold that the appellant has committed the offence as alleged. Therefore, he may be enlarged on bail by imposing suitable conditions. 6. Per Contra, the learned Additional S.P.P submitted that the victim had been subjected to gang rape by the appellant and others. She was a minor as on the date of the incident and also she became pregnant. The investigation has been completed and charge-sheet has been laid against the appellant and others. It is established that the appellant and others had committed the offence stated supra. Therefore, he is not entitled for bail. Making such submissions, the learned Additional State Public Prosecutor prays to reject the appeal. 7. Having heard the learned counsels for the respective parties and also perused the averments of the charge-sheet, it appears from the record that the appellant herein who is arrayed as accused No.3 is stated to have committed sexual assault on the victim. However, the averments of the complaint would indicate that she had been subjected to sexual assault by all the accused in the sugar cane land. The incident of the - 6 - HC-KAR NC: 2025:KHC:34549 CRL.A No. 1728 of 2025 alleged sexual assault had been taken place at different places at different dates and times by the appellant and others. However, the said fact was not made known to the parents of the victim. 8. The victim being a minor, soon after the incident, she should have informed the incident to the parents or any other family members. Even, after she was diagnosed as pregnant, they did not choose to lodge a complaint. The N.G.O took initiative to lodge a complaint. Therefore, the allegations prima-facie though appears to be true, the fact remains that the evidence of the prosecutrix of the victim is believable or not has to be seen only in the trial. At this juncture, having considered the age and avocation of the appellant, it is appropriate to allow the appeal. Hence, I proceed to pass the following: ORDER i. The Criminal Appeal is allowed. ii. The order dated 15.07.2025 passed in Spl.Case.No.09/2025 (Crime No.235/2024) for the - 7 - HC-KAR NC: 2025:KHC:34549 CRL.A No. 1728 of 2025 offence stated supra on the file of Addl. District and Sessions Judge, FTSC-II, Mandya, is hereby, set aside. iii. The appellant/accused No.3, is enlarged on bail on executing a personal bond for a sum of Rs.1,00,000/- with one surety to the like sum of the satisfaction of the Trial Court. Sd/- (S RACHAIAH) JUDGE NM List No.: 2 Sl No.: 24